As used in this chapter, the following terms shall have the
meanings indicated:
AWNING
Any roof-like cover that projects from a building wall for
the purpose of shielding a window or doorway from the elements and
that is totally supported by the building from which it projects without
support from the ground below.
BANNER
Any non-structural (lacking rigidity) sign typically made
of cloth, vinyl or any other pliable material. Banners are considered
temporary sign and shall be subject to all temporary signage rules.
BILLBOARD
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes and that is located on
a building or site other than the building or site to which the advertising
relates.
CANOPY
Any roof-like cover, either freestanding or attached to a
building wall that is supported totally or partially by the ground
below.
EVENT
For the purposes of this section as it relates to temporary,
commercial signs, any short term, temporary happening or special occurrence
that is not part of the ordinary, daily or usual operation of a business
or use, including, but not limited, to a political campaign or election,
a real estate transaction, grand opening, a raffle or fundraiser,
a seasonal sale or harvest, or a special sales promotion or occurrence.
LOGO
Any graphic drawing or trademark containing a pictorial representation
and/or limited lettering. Phrases or mottoes shall not be considered
part of the logo.
MARQUEE
Any permanent structure attached to a building wall, having
horizontal or nearly horizontal top and bottom surfaces, with no vertical
ground support, that is intended to serve as a covering over the ground
below and may be used for the display of changeable lettering.
NAME PLATE SIGN
A sign bearing the name and/or address of the principal occupant
of a building for emergency, identification and directional purposes.
SIGN
Any object, device, display or structure, or part thereof,
situated outdoors or indoors in view of the general public, that is
used to advertise, identify, display, promote, direct or attract attention
to an object, person, institution, organization, business, product,
service, event or location by any means of visual communication, including
words, letters, logos, figures, design, symbols, fixtures, colors,
illumination or projected images. Displays of the actual products
offered by the onsite business visible through a window or temporary
holiday displays, holiday decorations or holiday lighting located
on a property for no longer than a sixty-day time period shall not
be considered signs for the purposes of this section.
SIGN, ATTACHED OR WALL
Any sign permanently affixed parallel to the exterior face
of a building wall or to an awning, canopy or marquee.
SIGN, CAMPAIGN
Any sign that gives notice of a political campaign or expresses
support for or opposition to a candidate or question in any special
or general election, referendum, or other plebiscite at the federal,
state, county or local level and that is erected for a limited period
of time. For the purposes of this section, campaign signs are considered
noncommercial signs.
SIGN, COMMERCIAL
Any sign that proposes a commercial transaction or advances
the economic interests of the speaker.
SIGN, FREESTANDING
Any sign supported by a footing, foundation, uprights or
braces placed upon or in the ground and not attached to any building.
SIGN, ILLUMINATED
Any sign lighted by or exposed to artificial lighting, either
from within the sign or directed towards the sign.
SIGN, NONCOMMERCIAL
Any sign that conveys a message that does not propose a commercial
transaction or advance the economic interests of the speaker, including
but not limited to signs for charitable, cultural, community, religious
or political events or interests of a noncommercial nature.
SIGN, NONCONFORMING
Any sign that existed prior to the effective date of this
chapter and that does not comply with the provisions of this chapter.
SIGN, POLITICAL
A temporary sign advertising a candidate or candidates for
public elective office, or a political party, or signs urging a particular
vote on a public issue decided by ballot in connection with a local,
state, or national election or referendum.
SIGN, PORTABLE
Any sign that is fixed on a movable stand, self-supporting
without being firmly imbedded in the ground or permanently attached
to a building, awing, canopy or marquee, designed to be transported
and supported by other objects, mounted on wheels or moveable vehicles,
or made easily moveable in some other manner.
SIGN, REAL ESTATE
Any sign that advertises the sale, rental or lease of the
premises on which it is located, or portion thereof, including "open
house," "under contract," "sold," or "too late" signs otherwise indicating
in some manner that a property has been sold. For the purposes of
this section, real estate signs are considered commercial signs.
SIGN, ROOF (SKY)
Any sign or figure permanently or temporarily attached to
a roof or the top of a facade.
SIGN, SUSPENDED
Any sign hanging or suspended from a building wall, awning,
canopy, marquee or roof overhang, whether parallel, perpendicular
or nearly perpendicular thereto, rather than an attached sign.
SIGN, TEMPORARY
Any freestanding, attached or interior window sign that is
erected for a limited period of time.
SIGN, WINDOW
Any representation painted, stenciled, or affixed to a window
or the glass of a door that can be seen from the outside of the building.
WINDOW
A pane or multiple panes assembled in such a way as to appear
as if is a single pane, meaning there is no physical building structure
separating them.
Exemptions shall not be construed as relieving the owner of
such signs from the responsibility of complying with the applicable
provisions of this chapter. The exemption shall apply to the requirement
for the sign permit only. No sign permits are required for the following
signs:
A. Any public notice or warning required by federal, state, county or
local law, regulation or ordinance.
B. Any sign which is inside a building not attached to a window or door,
and is not readable from a distance of more than three feet beyond
the lot line or parcel nearest to where the sign is located.
C. Holiday lights and decorations with no commercial message, excluding
holiday inflatable decorations which shall require a permission of
the Borough Council.
D. Any sign indicating the name of a building and/or date of construction
and/or incidental information about its construction which sign is
cut into a masonry surface or made of bronze or similar permanent
material including historic tablets, cornerstones, memorial plaques
and emblems which do not exceed four square feet in area from a single
viewpoint.
E. Any unlighted historic building plaques for buildings that have been
designated as historic, provided the subject signage conforms to historic
preservation ordinances.
F. Traffic control signs on private property, the face of which meets
the Department of Transportation standard, and which contain no commercial
message of any sort.
G. Flags of the United States, New Jersey, Borough of Caldwell, foreign
nations having diplomatic relations with the United States, other
flags adopted or sanctioned by an elective legislative body of component
jurisdiction and flags flown in conjunction with the flag of the United
States, provided such flag does not exceed 60 square feet in area
and is not flown from a pole in excess of 40 feet in height. A flag's
area shall be in reasonable proportion to the length of the pole from
which it is displayed. Not more than three flags will be flown from
any one flag pole. The statutory requirements associated with flags
and generally accepted standards of flag display etiquette shall be
observed.
H. Signs or banners advertising public or quasipublic events that are
posted with the permission of the Borough Council or of any person
to whom the Borough Council had delegated this authority according
to guidelines set by the Borough Council.
I. Pump-mounted fuel price informational sign subject to the following:
(1) Only one fuel price informational sign shall be permitted per fuel
pump.
(2) Fuel price informational signs shall be limited in size to an area
of 216 square inches in accordance with state and federal regulations.
(3) Each fuel price information sign shall be affixed directly and firmly
to a fuel pump and shall be stationary.
(4) Nothing herein shall be construed to prohibit the advertisement of
fuel prices on any other sign meeting the requirements of this section.
J. Unlighted historical building plaques for buildings that have been
designated as historic shall be permitted, provided the subject signage
conforms to all appropriate historic preservation ordinances.
K. U.S. Postal regulation mailboxes.
L. U.S. Postal building numbers provided it is not part of the business
name or part of the business signage.
In the event a business ceases operation for a period of time
in excess of 60 days, the sign owner or lessee, or the property owner,
shall immediately remove any sign identifying or advertising said
business or any product sold thereby. Upon failure of the sign owner
or lessee, or property owner to comply with this section, the Zoning
Officer shall issue a written notice to the sign owner or any lessee
and to the property owner, which notice shall state that such sign
shall be removed within the following time period: sign face: 60 days;
posts, columns and supporting structures: one year. Not withstanding
these provisions, in the event the Caldwell Historical Commission
designates a sign as an integral part of the architectural design
of an historic building or structure in itself, such sign shall not
be subject to the requirement for removal.
A. If the sign owner or lessee, or property owner, fails to comply with
such written notice to remove, the Zoning Officer is hereby authorized
to cause removal of such sign, and any expenses incidental to such
removal shall be charged to the owner of the property upon which the
sign is located and shall constitute a lien upon the property. For
the purpose of this section, the word "remove" shall mean:
(1) The sign face, along with posts, columns or supports of freestanding
signs, shall be taken down and removed from the property.
(2) The sign face and supporting structures of "projecting," "roof" or
"wall" signs shall be taken down and removed from the property.
All rights and privileges acquired under the provisions of this
chapter or any amendment thereto are revocable at any time by the
Zoning Officer of Code Enforcement if the applicant fails to accurately
depict the sign erected or to be erected or if the sign which is erected
fails to meet the details of the detailed drawing submitted by the
applicant. All such permits shall contain this provision.
Each principal building not part of a "Neighborhood Shopping
Village" may have one freestanding sign plus each principal permitted
use may have one attached sign, provided and in accordance with the
following:
A. For corner lots, one additional attached sign is permitted for a
principal use within the building which faces the additional street,
provided that the sign shall not exceed 1/2 square foot of sign area
per one linear foot of building facade fronting on said street, but
in no case shall the size of the sign exceed 20 square feet in area.
B. Back entrances, typically via parking lots, one additional attached
sign is permitted for a principal use within the building which faces
the additional right-of-way, provided that the sign shall not exceed
1/2 square foot of sign area per one linear foot of building facade
fronting on said street, but in no case shall the size of the sign
exceed 20 square feet in area.
Note: In all cases, "frontage" refers to width of storefront
only and not to width of entire building.